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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: December 17, 2025

+ BAIL APPLN. 4475/2025 & CRL.M.A. 34633/2025

SANJEEV KUMAR .....Applicant

Through: Mr. Aashish George, Mr.

R.K. Jeenwal, Mr. Rahul Kulhare, Ms. Joicy Arikkadan & Ms. Neetu

CJ, Advs.

versus

THE STATE (NCT OF DELHI) .....Respondent

Through: Mr. Raj Kumar, APP for

the State.

SI Sangeeta Malik, PS

Bindapur.

Mr. Ashish Garg, Adv. for

victim along with victim.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

AMIT MAHAJAN, J. (Oral)

1. The present application is filed by the applicant seeking regular bail in FIR No. 645/2023 dated 25.09.2023, registered at Police Station Binda Pur for offences under Sections 376/506 of the Indian Penal Code, 1860 (‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012

(‘POCSO Act’).

2. The FIR in the present case was registered pursuant to a complaint made by the victim, wherein, she alleged that the applicant used to visit the house of the victim for home tuitions

and used to touch her inappropriately.

3. It is alleged that when the victim was 15 years of age the applicant threatened the victim and forced her to marry her. It is alleged that victim thereafter out of fear convinced her mother for marriage, whereafter, the applicant and the victim got married on

15.04.2019.

4. It is alleged that the applicant after marriage used to beat and establish forceful sexual relations with the victim. It is alleged in November 2020 the victim got pregnant, whereafter, the applicant took her to his native village in Bihar and terminated the said pregnancy.

5. It is alleged that in 2021, the applicant again registered his marriage with the victim, however, the victim escaped prior to the registration of marriage. It is alleged that the applicant started to telephonically threaten the victim and stated that he will falsely implicate her in case by committing suicide.

6. It is alleged that in November 2021, the victim filed a domestic violence case against the applicant, however, due to the intervention of the family members the victim had to withdraw the said case.

7. It is alleged that the applicant thereafter again started harassing the victim and threatened her by making her obscene photos viral.

8. During investigation, the victim was medically examined at Deen Dayal Upadhyay Hospital. On 26.03.2023, the applicant was arrested in the present case.

9. Chargesheet was filed under Section 376/506/323/323 of the IPC and Section 6 of the POCSO Act.

10. The applicant was thereafter admitted on bail by order dated 19.03.2024 passed by the learned Sessions Court.

11. The learned Sessions Court while admitting the applicant on bail noted as under:

“I am thus of the considered view that though the marriage between the parties was performed while the victim was minor but the same cannot be considered to be under threat as the marriage was performed in the presence of the parents of the parties. No complaint was made by the victim to her mother or to the police till she resided with the accused. She left the company of the accused on 21.10.2020. Atleast at this time there was no threat from the side of the accused and she could have easily filed a complaint against him. Thereafter in the year 2021 she filed a domestic violence case against the accused but did not make any allegations under the POCSO Act. For the reasons best known to her she withdrew the said case and sat back for another year. On 17.12.2022 for the first time allegations under the POCSO Act were levelled against the accused. In case she was brutally treated by the accused and was under threat as alleged, she could have filed the complaint the moment she left the company of the accused.

Be that as it may, without commenting more on the merits of the case, it would be pertinent to state here that the accused is in custody since 26.09.2023 the charge sheet has already been filled, investigation is complete. Trial will take considerable time. No needful purpose will be served by keeping th